One of the most common questions I receive as a motorcycle accident attorney is whether or not the plaintiff should report to an insurance company after the accident. In a nutshell, the answer is a resounding “no”. Also, not only are you not required to make a statement, but I strongly recommend that you do not make a recorded statement to any insurance company, including your own, until you speak with a qualified lawyer.
Motorcycle insurance companies will come after you for a statement
Many of my clients believe that if their own insurance representative asks for a statement, they are required to provide one. This is absolutely not the case. Indeed, not only are you not required to make a statement about the circumstances of the accident, but you are in no way required to make a recorded statement.
It is even more important that you also decline claims from the other person’s insurance company. From the insurance company’s perspective, the purpose of these recorded statements is to provide the ammunition they need to deny your motorcycle accident claim.
It’s standard operating procedure for an insurance company to call you several days after your accident to request a statement. First, they will usually ask your permission to search for it. Surprisingly, many of my clients tell me that they do not remember being asked to make a statement, nor do they remember having done so. This is of particular concern in light of what I have written above about the purpose of these statements. Once recorded in black and white, if unfavorable, you can bet that statement will be used against your claim.
“Just the Facts”
If you feel compelled to report the accident to your own insurance company before consulting a motorcycle lawyer, there are a few rules you should follow.
I cannot stress enough how bad an idea it is to give a recorded statement to an insurance company.
Insist that any statement you make will not be recorded.
Keep your statement to a minimum, “just the facts”, nothing more.
The only information you need to give the other party’s insurance company before talking to your lawyer is the location of your motorcycle after the accident.
I’ve covered this topic several times on my website, unfortunately by the time a potential client reads it, it’s often too late. Make no mistake: these statements can come back to haunt you. The sole purpose of a recorded statement in this circumstance is to trip you up and minimize your claim.
Don’t let this happen to you.
Remember that it costs the same to get an experienced motorcycle accident lawyer to protect your rights as one who does not focus on motorcycle accidents. Consultations are always free and there is never a charge until we win your case!